Legal Opinion
Intervest National Bank v. Ashburton 70, LLC
Appellate Division of the Supreme Court of the State of New York
Decided August 16, 2011PublishedCited by 1 opinion
1Opinion of the Court
The appellants failed to demonstrate the existence of a potentially meritorious defense to this action. Accordingly, the Supreme Court properly denied that branch of the defendants’ *618motion which was pursuant to CPLR 317 to vacate so much of the judgment of foreclosure and sale as was in favor of the plaintiff and against the appellants {see 393 Lefferts Partners, LLC v New York Ave. at Lefferts, LLC, 68 AD3d 976, 976-977 [2009]).
The Supreme Court also properly denied that branch of the defendants’ motion which was to set aside the foreclosure sale. A court may exercise its equitable powers to…
2Cases cited3 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- 393 Lefferts Partners, LLC v. New York Avenue at Lefferts, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Debcon Financial Services, Inc. v. 83-17 Broadway Corp.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by1 opinion
- Beneficial Homeowner Service Corp. v. CharlesAppellate Division of the Supreme Court of the State of New York · 2012